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(영문) 서울중앙지방법원 2015.01.23 2012가단284147

손해배상(자)

Text

1. The Defendant’s KRW 100,716,608 as well as 5% per annum from January 25, 2009 to January 23, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 22:45 on January 25, 2009, driven a vehicle C (hereinafter “Defendant vehicle”) and proceeded with a one-lane road near the live area office located in the live area located in the live area located in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the live area in the city in the live area in the city in the live area in the city in the city in the live area in the city in the city in the city in the city.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

B. According to the facts of recognition of the above facts of liability, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case as the insurer of defendant vehicle.

C. The Defendant’s assertion that the Defendant’s liability limitation limitation is asserted to the effect that the Plaintiff’s liability should be limited solely on the ground that the Plaintiff was at the time of the accident, despite the risk of an accident, as the road was driven down at the time of the accident. However, according to the aforementioned evidence, the Plaintiff was standing on the side of the road at the time of the accident, and it is difficult to view that there was any negligence on the part of the Plaintiff solely on the ground that the snow was coming

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but shall be less than the last month.